Action for Injunctive Relief for ERISA Violations in Maryland
ERISA, or the Employee Retirement Income Security Act, is a group of federal laws that provides a minimum set of standards that private companies must comply with.
There are times when an employer violates ERISA regulations. ERISA authorizes a range of penalties or punishments for violations or plans that fail to comply with those standards.
If you believe that your pension or benefits plan was unfairly denied or terminated, you may be eligible to file an action for injunctive relief for ERISA violations in Maryland. A skilled ERISA lawyer may be able to explain how ERISA laws are applicable to your case. Call a seasoned attorney to discuss long-term disability or other employment law issues.
Elements for Injunctive Relief in ERISA Violation Cases
Injunctive relief actions for Maryland ERISA violations may come in three forms: a temporary restraining order, preliminary injunction, or permanent injunction. Each form has its own level of time commitment and time process. A temporary restraining order may be used by a policyholder seeking injunctive relief since it could be implemented quickly, depending on the circumstances of the case.
The preliminary injunction may come after a temporary restraining order and maintains the status quo until the time of the trial. A permanent injunction is a final order given by the court to the defendant.
There must typically be a showing of irreparable harm if the injunction is not implemented. An injunction may be the only thing standing between the plaintiff and substantial financial harm.
The Burden of Proof for ERISA Violation Cases
The burden is typically on the applicant to establish the absent temporary injunctive relief will sustain a probable, imminent, and irreparable injury. To show a probable right of recovery, an applicant may need to present evidence that, under the applicable rules of law, supports its cause of action. Applicants may only need to show that a bona fide issue exists, which an attorney coulld help with.
If the evidence fails to deliver any reasonable basis for concluding that the applicant has a probable right of recovery, a temporary injunction may not be considered. Violations that are applicable to both pension and welfare plans may include a wide array of inconsistencies under ERISA law.
For a plaintiff to be entitled to a temporary injunction, the plaintiff may be tasked with pleading a cause of action and showing a probable right to recover on that cause of action. A probable, imminent, and irreparable injury must be proven by the plaintiff. “Imminent” refers to relative certainty rather than being speculative. A possibility of injury may not be enough for the court to rule in favor of the plaintiff.
Injunctive relief actions for Maryland ERISA violations may be notably useful in situations where a fiduciary of a company mismanages benefits plans or pension plans. It may be important to bear in mind the role of the conflict of laws in breach of fiduciary duty cases.
If there is evidence that the defendant stowed away funds in an attempt to avoid payment, a trial judge may award injunctive relief. Since an appeal of an order granting a temporary injunction may be considered an appeal from an interlocutory order, the merits of the applicant’s case are not presented for appellate review.
Contact an ERISA Lawyer in Maryland
If you are pursuing an appeal for an ERISA insurance policy or are looking to file injunctive relief for ERISA violations in Maryland, there may be no substitute for a skilled attorney who is familiar with ERISA claims and could protect the legal rights of policyholders. To learn more, call today.
